He has a share in your house as your mother was a shareholder ie 25%. Other than that he is entitled to nothing. 

Regards 

If he pays 25%of the money then too he will get one fourth share only. 

Actually this house belongs to you. But you are compelled to give him a  share as your mother was  a shareholder.

Regards

Offer to buy out brother 25 per ce t share in property 

2) if he refuses file suit for partition for division of property by metes and bounds 

3) seek injunction restraining sale of property by your brother 

Stopping payment of EMI is not the solution 

if you stop payment bank would auction the property 

1. your brother is entitled for his share as your mother was owner in the house and you already know this,

2. you can settle the matter amicably with your brother involving some close friends/relatives etc to avoid any further legal complications,

3. now, by making payments of EMI his claim is getting stronger, 

In Normal way your brother inherits 50% of your mother's share. That is what you say 25%.

If you seek declaration of title in court,  it would be based on proportion of contribution made by each person towards consideration of the property. 

1.  IF you have documentary evidence of all the payments for the House and IF Mother had not paid anything (put her name only for convenience) purposes, THEN in this scenario you are the 100% Title-Owner of the Property and Mother is not the owner of the property.

2. By virtue of the above the younger brother has no right, whatsoever, to claim any ratio/share of the house.  You could have filed "eviction proceedings", in the local civil court, and got the house absolutely.

3. It is a gross mistake on your part to allow him to pay the EMI's, since that would prove his share in the House.

Hi,

You are suggested to talk to your brother directly and understand his intentions. It is expected that things will be resolved through mutual talk and ask your brother to move away from that flat. 

Also, keep paying the EMIs and you may return the amount of EMIs paid by him.

1. Assuming that you two brothers are the only siblings and your father is also no more, on the intestate demise of your mother, her share gets divided equally into both brother's.

2. In other words, you will be owning the property to the extent of 75% and your brother 25%. To resolve the issue, let your brother execute a registered Gift Deed or Release Deed in your favour, on the happening of which, you are going to become Absolute Owner of the property and you will have 100% exclusive share in the property.

3. Since your brother, being the 25% share holder in the property, who has been paying the EMI nowadays, will not have any implications, because the property is jointly held by both of you and all these years, you were paying the EMI amount alone.

1. If your mother was the joint owner of the apartment then on her intestate demise her share in it has devolved on her husband and all children equally. The share of your brother is at par with your share in her share in the flat.

2. Whether he makes his own house or not is not legally relevant. You may propose to buy his share.

3. Payment of EMI is a domestic arrangement between family members, which has no nexus with title or rights of bank to proceed against the property under SARFAESI Act.

Brother do not have much rights as legally but adverse possession can put you in trouble. So kindly have your talk in friendly , healthy and straight forward manner.

Get money from brother and invest in new flat separately on your name.

See since he has share in house he can stay in the house you can file a suit of partition since flat cannot be divided or partitioned the court may order to auction and divide proceeds.

Or also you both can mutually settle and you can lay your brother for his share.

See he is paying EMI for his share and can retain same.And  further can file partition for his share.

In case if he has any say in the property, it is limited to 25% share as stated above.

Non payment of EMI will not help you, but the bank may initiate proceedings for recovery, which may lead further complication.  Better pay EMI it will help your case.

Issue notice to your brother seeking possession of the property under his occupation followed by suit for partition.

You can file a case against your brother seeking injunction from creating any third party interest or changing nature of the property.

You have made the full payment,  you are only heir, no right to him.

Dear Sir,

Your brother has no rights over your property as you have purchased and paying EMI to that.  It is your self acquired property. There is no question of inheritance.  

Suit for partition can be filed by metes n bounds. as a legal heir your brother is entitled for his share. try to settle dispute amicably through an mediator. 

You are suggested not to stop EMIs of bank loan, else you will become defaulter for the bank

Yes you can do the aforesiad. But stopping emi will from brother in future may be a issue

Greetings!

If the flat is conveyed in your mom name then your brother will have a right for IHC along with you.

However if your mon was only a GPA holder then in such case your brother wont have a right into the property as it's only a GPA not a sale deed conveyed.

You cannot make him evict the flat if he have share in the house through inheritance as legal heir of your mother. 

You should settle the matter through mediation.

Your brother cannot claim the entire property, he can claim his legitimate share out of your deceased mother's share in the property as on of the legal heirs to her.

You can file a partition suit to partition the property and separate possession of your share in the property and along with you can file an application for temporatry injunction restraining him form alienating or encumbering the property in any manner till the disposal of the main suit.

This may bring him to a compromise situation through lok adalat, if not you can fight it out legally till the end.

You can also pay the EMI and demand his share in the repayment of loan at the time of settlement between you both or can file a recovery suit to recover his portion of the loan repayment that had been paid by you so far.